Category Archives: Uncategorized

Quick note: blog now on facebook

If your facebook feed is like mine, many, many of the posts you see are not cute kids, etc, but politics and stuff that looks a lot like work related posts.  I fought it for a while but realized I do end up clicking many of the links people post on facebook so there is now a “Poverty Law Blog” facebook page.  If you decide to “like” it, the blog posts will appear in your facebook feed: https://www.facebook.com/povertylawblog.  I haven’t decided if I “like” it or not but someone might find it useful.  =)

Duncan Kennedy is Retiring

This will be a bit of an unusual post because ordinarily I just post a link, but Harvard has made it official on their page, Duncan Kennedy is retiring.  So much of Duncan’s work relates to poverty that it is almost silly to list particular articles, but ones that stand out for me include:

  • Kennedy, Duncan M. Legal Education and the Reproduction of Hierarchy: A Polemic Against the System, A Critical Edition (NYU Press 2004, originally 1983)
  • Kennedy, Duncan M. “Neither the Market nor the State: Housing Privatization Issues” in A Fourth Way? Privatization, Property, and the Emergence of New Market Economies (G. Alexander & G. Skapska eds., Routledge, 1994).
  • Kennedy, Duncan M. “The Limited Equity Coop as a Vehicle for Affordable Housing in a Race and Class Divided Society,” 46 Howard Law Journal 85 (2002).
  • Kennedy, Duncan M. “The Responsibility of Lawyers for the Justice of their Causes,” 18 Texas Tech Law Review 1157 (1987).
  • Kennedy, Duncan M. “Cost-Benefit Analysis of Entitlement Problems: A Critique,” 33 Stanford Law Review 387 (1981).

But Duncan of course did more than just write, for many of us he was and is a fabulous mentor — supportive and challenging in the way that few mentors are.  On a personal note, I owe Duncan more than I can ever repay for his help getting me the best job in the world and for his continued support of my scholarship.

Recently I have become somewhat obsessed with how great a soccer player Messi is — I am a bit late to the game which means I have lots of old videos to watch in wonder — and for many of us on the left wing of progressive politics, Duncan is a somewhat similar towering figure, albeit in legal academia as opposed to soccer (or futbol!).  A true giant and a friend.

  • Law Journal 85 (2002).

(Self-serving post) New Article: “Destabilizing Property”

I have a new article that is about property theory as it relates to inequality and poverty.  Frankly, it is probably most of interest to those who teach property as well, but if it does nothing else, I hope it convinces people to read David Super’s A New New Property.  It may also go a bit too far in the direction of showing that I can be unreasonable.  Here it is:

New Article: Ezra Rosser, Destabilizing Property, forthcoming Connecticut Law Review.  Abstract below:

Property theory has entered into uncertain times. Conservative and progressive scholars are fiercely contesting everything it seems, from what is at the core of property to what obligations owners owe society. Fundamentally, the debate is about whether property law works. Conservatives believe that property law works. Progressives believe property could and should work, though it needs to be made more inclusive. While there have been numerous responses to the conservative emphasis on exclusion, this Article begins by addressing a related line of argument, the recent attacks information theorists have made on the bundle of rights conception of property. The Article goes on to make two main contributions to the literature. It gives a new critique of progressive property and, more fundamentally, shows how distribution challenges in property call for a third path forward. Conservative scholarship is scholarship for property, defending traditional views of property against the influence of new realist-inspired deconstruction. Progressive scholarship works with property, showing how doctrine supports expanding property law to reach those who would otherwise be excluded. But missing from this debate is the possibility that, instead of working for or with property, the rise in inequality and the calcification of advantages defined at birth of the current economic and legal environment calls for work against property. Expanding the range of answers to the broad questions being asked of property to include deliberately destabilizing property would add to the academic debate and to the possible policy responses to the emerging threat of oligarchy. Working for, with, and against property are all answers to the question of how to respond to the property crisis of our time, the problem of inequality. This Article seeks to give some content to the neglected against portion of the spectrum.

Self-serving post… to any law students on law review

Hello — on the off chance that there are any law student readers of this blog, I have a property theory / inequality article in the submissions process with law reviews and I would love to get a read.  My fingers are crossed for an acceptance.  =)  It is a follow up to an earlier property theory / race / inequality article.

Request for Proposals: “Understanding Socioeconomic Status and Online Privacy and Security”

Request for Proposals: “Understanding Socioeconomic Status and Online Privacy and Security” from the Digital Trust Foundation.  Overview below:

The Digital Trust Foundation has found that research and analysis of the online privacy experiences of low-SES populations are underrepresented in the public discourse, media coverage, and academic literature. To address this gap, the Foundation intends to fund (1) research into the privacy and security experience of low-SES people and (2) online privacy and security-related direct services and information dissemination to low-SES people. We anticipate entertaining proposals for projects of various sizes, with budgets in the range of $50,000 and $300,000.Exceptional projects with budgets outside this range may be considered.

Is the Modern American Dream Attainable? – Room for Debate – NYTimes.com

Is the Modern American Dream Attainable? – Room for Debate – NYTimes.com.

The American Middle Class Is No Longer the World’s Richest – NYTimes.com

The American Middle Class Is No Longer the World’s Richest – NYTimes.com. [With good charts, esp. in the middle].

News Article: A Big Safety Net and Strong Job Market Can Coexist. Just Ask Scandinavia. – NYTimes.com

A Big Safety Net and Strong Job Market Can Coexist. Just Ask Scandinavia. – NYTimes.com.

For Fun: The 2014 Hater’s Guide To The Williams-Sonoma Catalog

For Fun: The 2014 Hater’s Guide To The Williams-Sonoma Catalog.

New Infographic: “The Rise of Suburban Poverty”

New Infographic: “The Rise of Suburban Poverty.”  (Note: I get many requests to post infographics and this one I am posting mainly because the host page, , does seem to have interesting links.  But I am nervous about such infographic post requests — I suspect many are either class assignments which is okay, or efforts to drive up page views but not for their own sake — and not going to post many.)